Regulating peering how? Freedom of commerce is one of the core pillars of the EU. Forcing a company to do business with another company is insanity.
If DTAG doesn't want to peer with CloudFlare, you can't force them.
Legislation could focus on the following general rules, without favoring some providers over the others:
* If you participate on an IX node, there is no reasonable technical or financial reason not to peer with the other participants at that node. Of course this would also mean that participants have to be protected against price-gouging of IXs when they need to scale up their uplink for that reason.
* Alternatively, you could conditionally allow paid peering, but in that case require certain availability guarantees on your general transit connection.
* If you do not want to do business with a certain party, it should be all or nothing. Blacklist them organization-wide. No misleading to consumers that a content provider just appears slow, announce that you do not want to play with e.g. Netflix anymore and if your customers do not like it, they will switch.
* If you want to opt out of all of this regulation, you are free to run fiber yourself and just directly connect with everybody you are interested in. That is expensive? Too bad.
I don't believe that there's a single lawmaker, anywhere in the world, who understands anything about the fundamentals of IP transit. But no doubt they have ISP buddies who understand everything about it, and no doubt they'll be the ones actually writing the legislation.
And I have a feeling that as soon as that is seriously discussed, the current exploitation of market power will stop rather quickly, without any need for actual regulation.
This one I actually agree with.
They recognised where the monopoly was: the incumbent telcos with millions of customers that had to go through them to get anywhere else.
So the government insisted that such incumbents make available space in their exchanges for third parties (not for free!), and to allow their customers to use the third parties for telephone and/or internet service, rather than themselves.
A similar argument and regulation could be made today. It could only apply to ISPs with a significant number of endpoint customers. It could require that the ISP make peering available to third parties, at the third party's cost, but the resulting transit should be settlement-free. It could require that if a peer asks the ISP to upgrade, because the ISP is deliberately underprovisioning, the ISP is compelled to allow the third party to pay reasonable costs to upgrade both sides (so the ISP can't sit on its hands, can't brazen it out, and can't set an impossible price)
Mobile networks have been forced to allow roaming in other countries for a certain low fee, and that is actually enforced and has happened. It's clear the EU has no qualms about forcing companies to do business a certain way when it serves some greater interest.
Roam-like-at-home is also not a particularly good comparison here, because the the roaming fees were basically a price gouging scheme.
Don't like DTAG? You're free to switch to another ISP.
Because I don't believe it's about any additional cost -- it's only about additional revenue that could be extracted. That's a behavior you don't like to see from a state-owned ex-"Only Offer Allowed" monopolist that is still dominating the market while the government entities tasked with regulating the market are closing both eyes.
This already happens all the time, and especially in telecommunications. Interconnection is a core of telecommunications law everywhere.
